District Attorney Jeff Nieman Demystifies Prosecution at Carolina Law

October 9, 2024

UNC School of Law recently hosted Jeff Nieman, district attorney for Orange and Chatham Counties, for a conversation that offered a candid look into the responsibilities and challenges of running a prosecutor’s office. Nieman, an alumnus of UNC-Chapel Hill and North Carolina Central University School of Law, began by challenging the audience’s perception of prosecutors. 

“Raise your hand if you think of the DAs as being the good guys,” Nieman asked, eliciting a mixed response from the crowd, an opening that set the tone for a frank discussion about the role of prosecutors in the justice system. 

The event, co-sponsored by the American Constitution Society, the Federalist Society, and the Innocence Project, drew a large audience of law students eager to learn from Nieman’s experiences. 

Nieman affirmed that a district attorney’s primary duty is to seek justice, not simply to secure convictions. “I never use or let them use the term ‘win’ or ‘loss’ in terms of describing the outcome of a case,” he shared, explaining that this mindset helps maintain focus on seeking fair and just outcomes rather than treating cases as personal victories or defeats.  His former boss once told him,

“The first time I had a jury come back not guilty, he asked me a few questions. He said, ‘Did you get all the admissible evidence in front of them? Did you have a chance to choose the jurors? Did you get a chance to make your argument about why the evidence supported conviction?’ I said yes to all. He then said, ‘Well, then they were probably right. We have to accept that sometimes, even though we look at it through a certain lens, we believe in the system.'” 

Nieman then discussed several innovative programs he has helped implement, including the Driver’s License Restoration Project and his office’s collaboration with the Criminal Justice Resource Department, which focuses on alternatives to incarceration. 

The DA also shared some eye-opening statistics about caseloads. “The ADAs that handle misdemeanors in my office, even if you exclude traffic, have anywhere between 1,000 to 2,000 cases on their caseload at any given time. If you include traffic, then it becomes something like 5,000,” Nieman revealed. He added that felony ADAs manage between 150 and 250 cases at a time. 

Nieman touched on his stance regarding the death penalty, mentioning that he campaigned on a platform of not seeking capital punishment in his district, making him the second DA in North Carolina to take this position. 

Offering career advice to aspiring lawyers, Nieman shared a personal observation: “There’s an inversely proportional relationship in the practice of law between how interesting and exciting what you do is and how much money you make doing it.” However, he encouraged students to pursue their passions, adding, “If you love what you’re doing, you’re going to do well at it, and you’re eventually going to make good money.” 

The event concluded with a Q&A session where students engaged Nieman on various topics, including managing staff with differing views, measuring positive outcomes beyond conviction rates, and the concept of a “trial penalty” versus credit for taking responsibility. 

This speaker event provided Carolina Law students with valuable insights into the practical aspects of a prosecutor’s role, offering a unique perspective on the challenges and responsibilities district attorneys face in shaping the future of criminal justice in North Carolina.